Case Note & Summary
The judgment pertains to multiple criminal applications filed under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of complaints under Section 138 of the Negotiable Instruments Act, 1881. The applicants, who are businessmen from Wani, District Yavatmal, were accused of dishonour of cheques. The core issue was whether the demand notice under Section 138 was properly served upon the accused. The court examined the complaints and found that the notices were sent by registered post but there was no evidence of actual service or refusal by the accused. The court noted that the mere sending of notice by registered post does not raise a presumption of service unless it is proved that the notice was tendered to the addressee. Since the complaints did not contain any averment regarding service of notice, the essential ingredient of the offence was missing. The court, therefore, quashed the proceedings in all the applications, holding that the continuation of such proceedings would be an abuse of the process of law.
Headnote
A) Criminal Law - Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Service of Notice - The court considered whether the complaints under Section 138 of the Negotiable Instruments Act, 1881 were maintainable when the demand notice was not properly served on the accused. The court held that the prosecution must prove service of notice, and in the absence of such proof, the proceedings are liable to be quashed. (Paras 1-10) B) Criminal Procedure Code - Quashing of Proceedings - Section 482 - Inherent Powers - The court exercised its inherent powers under Section 482 of the Criminal Procedure Code, 1973 to quash the criminal proceedings against the applicants, as the complaints did not disclose the necessary ingredients of the offence under Section 138 of the Negotiable Instruments Act, 1881. (Paras 1-10)
Issue of Consideration
Whether criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 can be sustained when there is no proper service of demand notice upon the accused.
Final Decision
The court allowed all the applications and quashed the criminal proceedings against the applicants.
Law Points
- Quashing of criminal proceedings
- Section 138 Negotiable Instruments Act
- 1881
- Service of notice
- Presumption of service
- Criminal Procedure Code
- 1973 Section 482
